Criminological analysis of the state, dynamics and structure of criminal offenses against the legitimate professional activity of journalists

Abstract

The article examines the problem of combating crime in the sphere of freedom of speech and journalistic activity at the legislative and law enforcement levels. Particular attention is paid to the analysis of the main trends in the criminal law protection of legal professional activities of journalists. The study of the legal nature of the mechanism of criminal law regulation of the legitimate professional activities of journalists, coupled with the study of statistical indicators of the crime in question for 2014-2020, allowed the author to draw a number of conclusions that have theoretical and applied significance at the legislative and law enforcement levels. The state, structure and dynamics of criminal offenses against the legitimate professional activity of journalists are analyzed. Based on the analysis of judicial practice in the field of application of criminal law norms on the protection of freedom of speech and journalistic activities, a number of criminal law novelties with practically "zero" effectiveness in preventing crime in the specified area were identified. With a significant annual number of revealed encroaching on the freedom of professional activity of journalists in Ukraine, the number of criminal proceedings directed to the court is approaching the statistical error. The specified effect is strengthened by the legislator's unjustified selection as independent components of criminal offenses of encroachment on the life, health, property and freedom of journalists (articles 345-1 347-1, 348-1, 349-1 of the Criminal Code of Ukraine). As a conclusion, based on the analysis of criminological indicators, the author of the article predicts in the short term a further gap between recorded criminal proceedings and the number of those brought to criminal liability for violating the freedom of journalistic activity. In addition, the author of the article proposed appropriate changes to the current criminal legislation in order to eliminate contradictions and duplication of criminal law norms in the field of protection of freedom of speech and professional activity of journalists.